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In July 2016, TCEQ added a footnote to the PBR checklists for 30 TAC 106.261 and 106.262 clarifying FNSR applicability review requirements for affected upstream/downstream units for PBRs. TCEQ has been requesting that all actual emissions increases from units considered "affected" for the purposes of FNSR applicability review be included in 30 TAC 106.261 and 106.262 applicability threshold comparisons. To ensure all hourly increases are included in the threshold comparisons, TCEQ has provided a "new hour" guidance. This guidance indicates that any annual emissions or throughput increase (above authorized limits) would also result in a "new hour" and a subsequent hourly emissions increase. While an annual throughput or production rate may be increased without any hourly emissions or hourly throughput change above a previously permitted levels, the "new hours" of operation are being requested for authorization. To determine emissions for a "new hour," the new hour of operation is not an hourly increment increase but rather the full amount of the short term emission rate. Implementation of this "new hour" guidance could have significant permitting implications. For example, short term permitted emission limits for certain storage tanks may be substantially greater than 30 TAC 106.261 and 106.262 hourly applicability thresholds.  As such, emissions associated with a "new hour" for such a tank may not be authorized under 30 TAC 106.261 or 106.262 and could trigger additional review under the New Source Review permit amendment process.

For assistance in determining how this may affect your facility, contact the Trinity office nearest you by calling (800) 229-6655.